Introduction to Statutes, Regulations and Permits

Habitat restoration projects often involve the physical manipulation of existing conditions, and these activities can affect the public in terms of water quality, endangered and threatened species, historic properties, and navigability of water bodies. Various federal and state statutes and regulations permits are in place to ensure adequate environmental protection during the construction, implementation, and monitoring phases of restoration activities. Restoration practitioners must be aware of potential impacts and how to comply with applicable regulations.

Impacts on the environment include actions that:

• produce either beneficial or adverse impacts
• affect public health or safety
• affect unique characteristics of the geographic area
• are likely to be highly controversial
• produce effects that are uncertain or involve unique or unknown risks
• are related to actions that may contribute to cumulative impacts
• may cause loss to cultural or historic resources
• violate federal, state, or local laws, including the Endangered Species Act
• cause the spread of non-indigenous species

Although many people try to be good stewards of our public resources, some may not be aware of pertinent issues (e.g., conflicts with historic properties), and some short-term impacts of potential activities may need to be acknowledged. Also, although the restoration practitioner may have a very good understanding of issues surrounding the direct goals of the project, the permitting process may shed light on the potential for incidental impacts. Participation in the permitting process can often improve the overall product, and reinforces the idea that the restoration community is acting to support the public good.

You should assume your project will need at least one permit or other form of permission. The following key points will help you prepare:

• Include permitting expenses in your budget (account for application fees and time needed to prepare applications).
• Learn which permits are required by your local and state governments.
• Remember that receiving funds or permits from a federal partner means they will need to complete a National Environmental Policy Act analysis, and may also need to undertake federal consultations on behalf of your project.
• Cultivate local permitting contacts and direct any questions to them.

Note: These pages are intended to serve as general guidance for addressing state and federal coastal issues. Additional permit and regulation processes may exist at the state level, and are likely at the local and county levels. Restoration practitioners are encouraged to investigate local issues thoroughly.